The criminal offense of lewd acts with a minor, or lewd and lascivious acts with a minor, is generally committed when (1) the offender touches the child’s body or gets the child to touch the child’s body, the offender’s body, or someone else; (2) the touching occurs on bare skin or through clothing; (3) the touching was for sexual reasons; and (4) the child was under 14 years of age.
Laws regarding lewd acts with a minor vary from state to state, including the required age of the child and the required elements of the criminal offense. And some states classify the criminal offense of lewd acts with minor as the criminal offense of indecency with a minor, or lewd or indecent proposals or acts to a child, or a similar offense.
Some states have expanded the definition of these laws to include looking at the body or private parts of a child in a sexual manner, or causing or forcing a child to witness sex acts in the presence of the child. These states prosecute persons who engage in such activity in online video chat rooms for this criminal offense.
The criminal offense of lewd acts with a minor (or similar offense) is generally located in a state’s statutes—often in the penal or criminal code.
In Kansas, the criminal offense of lewd and lascivious behavior with a child is addressed under Kansas Statutes Annotated (K.S.A.) 21-5506. This statute defines the crime as engaging in any lewd fondling or touching of a person under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the offender. This can occur whether the touching is done directly on the body or through the clothing. The law does not require that the child be under 14 years of age, as the statute applies to minors under 16. Additionally, Kansas law under K.S.A. 21-5510 addresses the crime of indecent liberties with a child, which includes causing the child to engage in any lewd fondling or touching with the offender or another person. Kansas law also criminalizes the act of promoting the performance of a child under 18 in a sexual performance or promoting a sexual performance by a child, which can include creating, distributing, or possessing child pornography. The state prosecutes individuals who engage in such activities, including those who do so via online platforms.